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78R5575 KSD-F
By: Bailey H.B. No. 1774
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of The Fire and Police Employee
Relations Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 174, Local Government Code, is amended
by amending Sections 174.001 and 174.023 to read as follows:
Sec. 174.001. SHORT TITLE; APPLICABILITY OF CHAPTER. (a)
This chapter may be cited as The Fire and Police Employee Relations
Act.
(b) This chapter applies to a political subdivision of the
state that employs:
(1) fire protection personnel, as defined by Section
419.021, Government Code; or
(2) law enforcement personnel licensed as peace
officers by the Commission on Law Enforcement Officer Standards and
Education.
Sec. 174.023. RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY.
Fire fighters and police officers employed [On adoption of this
chapter or the law codified by this chapter] by a political
subdivision to which this chapter applies[, fire fighters, police
officers, or both] are entitled to organize and bargain
collectively with their public employer regarding compensation,
hours, and other conditions of employment.
SECTION 2. Section 143.014(c), Local Government Code, is
amended to read as follows:
(c) In a police department, the total number of persons
appointed to the classification immediately below that of
department head may not exceed the total number of persons, plus
one, serving in that classification on January 1, 1983. In a fire
department in a municipality having fewer than 300 certified fire
fighters, the department head may appoint not more than one person
to the classification immediately below that of department head.
If a municipality has 300 to 600 certified fire fighters, the
department head may appoint two persons to the classification. If a
municipality has more than 600 certified fire fighters, the
department head may appoint three persons to the classification.
This subsection does not apply to a municipality to which Chapter
174 applies [that has adopted The Fire and Police Employee
Relations Act (Article 5154c-1, Vernon's Texas Civil Statutes)]
unless the municipality specifically adopts the appointment
procedure prescribed by this subsection through the collective
bargaining process.
SECTION 3. Section 143.301, Local Government Code, is
amended to read as follows:
Sec. 143.301. MUNICIPALITIES COVERED BY SUBCHAPTER. This
subchapter applies only to a municipality with a population of
460,000 or more that operates under a city manager form of
government. [This subchapter does not apply to a municipality:
[(1) that has adopted Chapter 174 (The Fire and Police
Employee Relations Act); or
[(2) to which Subchapter H applies.]
SECTION 4. Section 1.03, Chapter 1332, Acts of the 75th
Legislature, Regular Session, 1997 (Article 6243q, Vernon's Texas
Civil Statutes), is amended to read as follows:
Sec. 1.03. APPLICABILITY. This Act applies to a paid fire
and police department of a municipality with a population of
750,000 or more in which the qualified voters [that has] adopted
Chapter 174, Local Government Code, at an election authorized by
law.
SECTION 5. The following laws are repealed:
(1) Subchapters H and J, Chapter 143, Local Government
Code;
(2) Sections 143.035 and 143.3015-143.310, Chapter
143, Local Government Code; and
(3) Subchapter C, Chapter 174, Local Government Code.
SECTION 6. An agreement that was adopted under a law
repealed by Section 5 of this Act is covered by the law as it existed
immediately before the effective date of this Act, and the former
law is continued in effect until the agreement expires by its own
terms.
SECTION 7. This Act takes effect September 1, 2003.